By viewing any pages that constitute this web site, a person becomes a 'user'
of the site and agrees to the terms and conditions of use below:
1.1. Elmien Estates subscribes to the principles for electronically collecting personal information outlined in
chapter 8 of the Electronic Communications and Transactions Bill that became law in the Republic of South Africa in August of 2002.
1.2. Elmien Estates intends using any personal or organisational particulars you submit to us via email or the submission forms on this site only to respond to any specific request for information you have made in this communication, and, with the exception of possible communication and use of this information in terms of 1.3 below, will not use this information in any other way or disclose it to any third party without your express written consent, unless forced to do so by law.
1.3. As a result of your electronic or other communication with us, we may request permission to send electronic messages or other
communications of a commercial nature to you, permission that must be explicitly granted by you before we will send such communications.
We may also use this information to compile profiles for statistical purposes and use such profiles in the course of our business, but
these profiles or statistical data will never be able to be linked to your specific profile and contact details by any third partys
2.1. All the content on this web site,
including any and all graphics, text, icons, hyperlinks, private
information, designs, trademarks, software, databases and
agreements, is the intellectual property of Elmien Estates and is protected by local and
international law dealing with copyright and intellectual
2.2. All rights to this content are reserved, and such content may not be used for commercial gain. Content
are not to be used by attorneys, estate agencies, estate agents, rental agencies, bond originators,
financial institutions or any other person for commercial gain. Any content that is reproduced may only
be used with the express permission in writing of an authorised representative of Elmien Estates . To obtain permission for the commercial use of any content on this site, please
contact Elmien at 021 906 0597, firstname.lastname@example.org. All rights not specifically granted in terms of
these terms and conditions or by special permission are reserved.
2.3. No business, person or web site may frame this site or any of the pages on this site in
any way whatsoever without the permission in writing of the
authorised representative of Elmien Estates , as recorded above.
3.1. No person, business or web site
may link to any page on this site without first requesting
permission to do so from Elmien Estates in writing. Such permission can be obtained from the
person referred to in 2.2 above.
3.2. Hyperlinks provided on this
site to web pages that do not form part of this web site and are
not owned by Elmien Estates are
provided as is and Elmien Estates
is not responsible and may not be held responsible in any way
for the content on such web pages.
4.1. Elmien Estates , the designers of this site and any of the client's agents or
representatives shall not be liable for any damage, loss or
liability, however arising, from the use or inability to use
this web site or the services, content or information provided
on and through this web site.
4.2. Elmien Estates makes no express or implied representations or
warranties that the content and service available from this web
site are free from errors or omissions or that the service will
be 100% uninterrupted and error free. Users are encouraged to
report any possible malfunctions and errors to the person
referred to in clause 2.2 above.
4.3. This web site is available on the world
wide web for any user with access to the world wide web to view
'as is', and has not been compiled or designed to meet each
user's individual requirements. Elmien Estates will not be held responsible for any
inconvenience, loss or damage that a user may suffer as a result
of failure to meet such requirements. Users are encouraged to
give any feedback or comments on the site to the person
mentioned in clause 2.2 above.
Any legal person that delivers or attempts
to deliver any damaging code to this web site, to gain
unauthorised access to any page on this web site, to tamper with
any of the content or pages that constitute this web site or
duplicate such pages or content shall be prosecuted to the full
extent of the law, and civil damages shall be claimed in the
event that Elmien Estates suffers
any damage or loss as a result of such actions.
6. GOVERNING LAW
This web site is controlled and
operated by Elmien Estates , a legal
entity incorporated in terms of the laws of the Republic of
South Africa, and therefore South African law and the
jurisdiction of the South African courts shall govern any action
or claim that may arise from the use or inability to use this
All disputes in terms of this agreement or relating
to the use or inability to use this web site shall be settled by
arbitration conducted in English in terms of the rules of the
South African Arbitration Foundation. Such arbitration shall be
held in Durban, and the unsuccessful party shall pay all costs
incurred by the successful party in attending and preparing for
8. WHOLE AGREEMENT
8.1. This agreement constitutes the
whole agreement between Elmien Estates and the user, and no terms and conditions that are not
expressly stated in this agreement may be implied by either
8.2. Elmien Estates reserves the right to change this agreement or any
part thereof at any time without notice, such changes being
deemed to come into effect as soon as they are incorporated in
this agreement and viewable on the Elmien Estates web site.